폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the driver of k5 vehicles B.
On May 30, 2015, at around 23:00, the Defendant: (a) when driving the said vehicle on the street in the city of the Sincheon-gu, Sacheon-si, Sacheon-si, the Defendant changed the said vehicle from the two-lanes to the left left by the left-hand, and threatened the victim by driving the vehicle of the Defendant, which is an object in danger of hearing the victim’s desire to “Chewing e” from E, on the right-hand side of the victim’s vehicle; and (b) reducing the victim’s own speed over three times before the damaged vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Report on internal investigation, application of Acts and subordinate statutes to vehicle photographs, etc.;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (special mitigation) (special mitigation) of the crimes committed against the victim / In the event that the victim is fully responsible for the occurrence of, or the expansion of, damage to, the crimes committed against the victim / The motive (excluding the types of five) for, such crimes;
2. In light of the fact that the crime of this case, which was determined by the sentence, was committed by the defendant while driving a vehicle, which is a dangerous object, and thereby threatening the victim by means of accelerating the vehicle over three occasions, the form of the act is very dangerous, and the agreement with the victim is not reached, the criminal liability of the defendant is not against the law.
However, the defendant's act of committing the crime of this case is against the defendant, and it is somewhat contingent.